Council's approach to allowing males who identify as women to use spaces or services designated as for women - Find a freedom of information request

I am writing to inquire whether you are fully compliant with the provisions of the Equality Act 2010, particularly in light of the recent Supreme Court ruling in For Women Scotland v. Scottish Government (UKSC16). The Equality and Human Rights Commission (EHRC) interim guidance confirmed that if facilities are provided for women these facilities are reserved for biological women.

1. Previous or Current Service Delivery: Please provide copies of any policies, guidelines, internal memos or external communications that set out the Council's approach to allowing males who identify as women (either with or without a GRC) to use spaces or services designated as for women. These services can either be commissioned or provided directly by the Council.

2. Policies: Provide a list of all policies and practices that are under review to ensure they align with the Supreme Court's clarification of the Equality Act 2010 following the For Women Scotland ruling. If no policies are currently under review has there been a decision about when this work will be undertaken?

3. Equality Impact Assessments: Provide a list and copies of all Equality Impact Assessments that are under review to ensure they are in line with the Equality Act 2010, particularly with regard to policies that affect women and sex-based rights.

4. Monitoring and Compliance: What measures are in place to ensure that, going forward, women's rights are not compromised under any of the Council's policies once existing policies have been updated to reflect the ruling of the Supreme Court?

1.

Workforce:

• Transitioning at work - https://www.lincolnshire.gov.uk/employment-policies/transitioning-work

• Diversity and inclusion policy - https://www.lincolnshire.gov.uk/employment-policies/diversity-inclusion-policy/1

Contracted Residential, Community Supported Living and Day Care Services: There is no specific policy setting out the approach for males who identify as women for service providers. The Residential, Community Supported Living and Day Care Services providers have individual use non gender specific facilities for toileting purposes. Individual care and support plans will identify any specific requirements for the individual. Service provider Equality, Diversity and Inclusion policies will be checked and monitored through Contract Officer visits. Individuals are matched to service providers through assessed need, depending on several factors, which can include gender, where required.

Public Health: There are no services commissioned by Public Health that specify a requirement for women-only spaces.

Commercial and Community Safety: There is no specific policy setting out the approach for males who identify as women for service providers. The Domestic Abuse Safe Accommodation service is the only service managed by Commercial Team People Services that specifies a requirement for single-sex spaces, which is done so as part of the contract specification. The commissioned provider is awaiting sign-off for their updated Allocation, Equality, and Inclusion policy and accompanying standard operating procedure which will ensure full compliance with the Equality Act 2010, particularly in light of the recent Supreme Court ruling in For Women Scotland v. Scottish Government (UKSC16). Work is ongoing with the commissioned provider to incorporate this into the Safe Accommodation Suitability Assessment which is done before placing an individual within safe accommodation, and alternative options are available for males who identify as women through dispersed units (self-contained accommodation with a similar level of specialist domestic abuse support as provided within a refuge but which may be more suitable for victims who are unable to stay in a refuge).

Children Services - Independent Commissioned Placements: As per Contracted Residential, Community Supported Living and Day Care Services above, there is no specific policy setting out the approach for males who identify as women for service providers. All placements are commissioned on an individual basis, setting out the needs for that individual, and where a need is identified, a suitable Provider will be selected to meet those needs.  Service provider policies will be checked and monitored through Contract Officer visits and annual compliance checks.

2.

Workforce: As above.

Contracted Residential, Community Supported Living and Day Care Services: Not at present.

Public Health: Not at present.

Commercial and Community Safety: Not at present.

Children Services - Independent Commissioned Placements: Not at present.

3.

Workforce: Not applicable for workforce.

Contracted Residential, Community Supported Living and Day Care Services: Not at present.

Public Health: Not at present.

Commercial and Community Safety: Not at present

Children Services - Independent Commissioned Placements: Not at present.

4.

Workforce: Corporate Diversity Steering group, Employee engagement and feedback through line managers and surveys.

Contracted Residential, Community Supported Living and Day Care Services: As previously stated in 1, care and support plans are completed for all individuals in Residential, Community Supported Living and Day Care placements. These plans identify the support required, and the risks associated with the individual. Individuals are also matched to service providers through their assessed needs. All plans will comply with Equality, Diversity and Inclusion legislation and will ensure any protected characteristics of the individual are addressed.

Public Health: No policies are being reviewed at this time.

Commercial and Community Safety: A Safe Accommodation Suitability Assessment will be completed for all new referrals, prior to them being accepted or rejected by the service. This includes elements of risk, both to the individual and to other residents. Support plans are completed for all individuals in safe accommodation, which take into account support required and identified risks. These are reviewed a minimum of monthly.

Children Services - Independent Commissioned Placements: As stated in question one, Service provider policies will be checked and monitored through Contract Officer visits and annual compliance checks.  All placements commissioned are to comply with Equality legislation or other any Law, enactment, order or regulation relating to discrimination  to ensure any protected characteristics of the individual are addressed.